Tweet
AMNESTY INTERNATIONAL URGES FRANCE TO PROTECT FREEDOM OF EXPRESSION
Amnesty International USA
Oct 19 2006
France: Amnesty International urges France to protect freedom of
expression
Amnesty International is deeply concerned by the fact that on 12
October 2006 the French National Assembly adopted a bill which would
make it a crime to contest that the massacres of Armenians in the
Ottoman Empire in 1915 constituted a genocide. The organization
considers that this bill poses a serious threat to the right to
freedom of expression. Should the bill be enacted into law, those
who contravene it would face up to five years' imprisonment and a
45,000-euro ($56,400) fine. Amnesty International urges the French
Senate and President to reject the bill when it comes before them.
The right to freedom of expression is enshrined in Article 10 of the
European Convention for the Protection of Human Rights and Fundamental
Freedoms (ECHR) and Article 19 of the International Covenant on Civil
and Political Rights (ICCPR), to both of which France is a party. The
French government is therefore obligated to ensure that freedom of
expression is upheld and observed for all those under its jurisdiction.
International human rights law treaties contain provisions
permitting states parties to restrict freedom of expression in
certain circumstances, as provided in Article 10(2) of the ECHR and
Article 19(3) of the ICCPR. However, these treaties make clear that
any restriction on the exercise of the right to freedom of expression
must be prescribed by law and be necessary in a "democratic society"
for one of the grounds expressly identified by human rights law which
include those necessary, inter alia, "for respect of the rights or
reputations of others" and "for the protection of national security
or of public order".
Amnesty International does not consider that this bill can be
interpreted as falling under the restrictions permitted in these human
rights treaties. Amnesty International is concerned that the vague
wording of the proposed bill may be interpreted as prohibiting peaceful
debate as to whether the massacres of 1915 would have constituted
genocide under the 1948 Convention for the Prevention and Punishment
of the Crime of Genocide had it been in force at the time.
This bill, if it were to be enacted into law, might lead to people
being imprisoned solely for exercising their right to freedom of
opinion and expression, thereby becoming prisoners of conscience.
Furthermore, Amnesty International does not consider that the bill
can be justified under Article 20 of the ICCPR which states that
advocacy of national, racial or religious hatred should be prohibited
by law. In this respect it differs from the existing Holocaust denial
law in France (Loi no 90-615 du 13 juillet 1990 tendant a reprimer tout
acte raciste, antisemite ou xenophobe) which relates to challenging
the occurrence of crimes against humanity as defined by the statute
of the International Military Tribunals at Nuremberg, that is to say,
denying that mass killings were ever committed by Nazi forces. In
contrast, the proposed law has the effect of criminalising those who
question whether the Armenian massacres constituted a genocide --
a matter of legal opinion -- rather than whether or not the killings
occurred -- a matter of fact.
http://www.amnestyusa.org/news/document.do? id=ENGEUR210092006
Amnesty International USA
Oct 19 2006
France: Amnesty International urges France to protect freedom of
expression
Amnesty International is deeply concerned by the fact that on 12
October 2006 the French National Assembly adopted a bill which would
make it a crime to contest that the massacres of Armenians in the
Ottoman Empire in 1915 constituted a genocide. The organization
considers that this bill poses a serious threat to the right to
freedom of expression. Should the bill be enacted into law, those
who contravene it would face up to five years' imprisonment and a
45,000-euro ($56,400) fine. Amnesty International urges the French
Senate and President to reject the bill when it comes before them.
The right to freedom of expression is enshrined in Article 10 of the
European Convention for the Protection of Human Rights and Fundamental
Freedoms (ECHR) and Article 19 of the International Covenant on Civil
and Political Rights (ICCPR), to both of which France is a party. The
French government is therefore obligated to ensure that freedom of
expression is upheld and observed for all those under its jurisdiction.
International human rights law treaties contain provisions
permitting states parties to restrict freedom of expression in
certain circumstances, as provided in Article 10(2) of the ECHR and
Article 19(3) of the ICCPR. However, these treaties make clear that
any restriction on the exercise of the right to freedom of expression
must be prescribed by law and be necessary in a "democratic society"
for one of the grounds expressly identified by human rights law which
include those necessary, inter alia, "for respect of the rights or
reputations of others" and "for the protection of national security
or of public order".
Amnesty International does not consider that this bill can be
interpreted as falling under the restrictions permitted in these human
rights treaties. Amnesty International is concerned that the vague
wording of the proposed bill may be interpreted as prohibiting peaceful
debate as to whether the massacres of 1915 would have constituted
genocide under the 1948 Convention for the Prevention and Punishment
of the Crime of Genocide had it been in force at the time.
This bill, if it were to be enacted into law, might lead to people
being imprisoned solely for exercising their right to freedom of
opinion and expression, thereby becoming prisoners of conscience.
Furthermore, Amnesty International does not consider that the bill
can be justified under Article 20 of the ICCPR which states that
advocacy of national, racial or religious hatred should be prohibited
by law. In this respect it differs from the existing Holocaust denial
law in France (Loi no 90-615 du 13 juillet 1990 tendant a reprimer tout
acte raciste, antisemite ou xenophobe) which relates to challenging
the occurrence of crimes against humanity as defined by the statute
of the International Military Tribunals at Nuremberg, that is to say,
denying that mass killings were ever committed by Nazi forces. In
contrast, the proposed law has the effect of criminalising those who
question whether the Armenian massacres constituted a genocide --
a matter of legal opinion -- rather than whether or not the killings
occurred -- a matter of fact.
http://www.amnestyusa.org/news/document.do? id=ENGEUR210092006